In 2017, the #MeToo movement exploded on social media, encouraging those who have experienced sexual assault to share their stories. In the years since, the #MeToo movement has sparked a wave of change in many states as to how they define, charge and prosecute sexual assault offenses. In many cases, consent has been a hotly debated issue in sexual assault cases. Most states -- Texas included -- have various laws and stipulations pertaining to what consent means, who can give it, and whether or not it is a defense against sexual assault charges.
What is Consent in Texas?
According to Texas law, sexual assault occurs when a person intentionally and/or knowingly performs a sex act or causes another person to perform a sex act on a person who does not give their consent. Because consent is such a crucial part of sexual assault cases, it is important to understand what consent means. Texas law states that consent is not given if:
The perpetrator makes the victim submit to sex acts through the use of or threat of use of force, coercion, or physical violence...